Class 2.doc

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22 Mar 2012
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Criminal Law January 16, 2012
Class 2
Sentencing and punishment – chapter 5
The process whereby judges listen to submissions or recommendations by counsel
(outcome they think should happen) is called a sentencing hearing
During sentencing hearing, evidence is heard
Accused makes a statement at sentencing hearing
Character witnesses (priest, etc)
Victims can make a statement as well to say how they were affected
Whether an accused is found guilty or not, outcome of disposition is important
(sentence)
Sentencing hearing is finished – punishment phase
Judge is then finished with case
Many options for judge while applying sentence
Section 718 of the Code – tells the judge what they have to consider while
applying sentence (guideline)
Stare decisis – principle in law – like cases must be judged alike
Jurisprudence is relied on by judges and lawyers
It depends on your background which sentence you will get
Why would you get different sentences? Appearance, jurisdiction, aggravating
and mitigating factors (s. 718)
Ontario Court of Justice – all cases in Ottawa begin here. Then Superior court,
then OCA (Ontario court of Appeal), then SCC
1892 – Code
Canada has taken and adapted many of England’s law
(Stephan’s draft code – England)
Society changes and the Code is amended
There are now more mandatory minimum sentences
Limited options at sentencing stage
Sir John Thompson presented the amendment to the Stephan’s Draft Code to
parliament and it was adopted
Absolute discharge – discharged of found guilty (pleaded guilty, judges accepts
and let go)
Conditional discharge – probation for maximum of 3 years. If you follow all
conditions, then discharged after end of probation
Absolute or conditional aren’t convictions, just findings of guilt (basically
innocent)
Next levels after discharges are: probation, fine, jail
Difference when dealing with adult or youth offenders
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